Abs in Central America & the Dominican Republic
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ABS IN CENTRAL AMERICA & THE DOMINICAN REPUBLIC Rules | Specific requirements | Practical considerations | Contacts Overview Central America accounts for half a per cent of the world’s land mass, but it is home to more than seven per cent of its biodiversity. Forests in the region hold 17,000 species of vascular plants, nearly 3,000 of which are endemic. Valuable timber species such as big-leaf mahogany, as well as natural ingredients such as Myroxylon balsamum, are sourced from Central America. Indigenous peoples have a critical role in safeguarding such biodiversity. Over 60 indigenous peoples live in Central America. Their lands account for over 280,000 square kilometres, five times the size of Costa Rica. There is significant wealth of traditional knowledge and uses of biodiversity. Central America, as a region, is composed of seven different countries: Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama. The Central American Integration System or SICA, for its Spanish acronym, also includes the Dominican Republic. The Dominican Disclaimer: This document is for information Republic, located in the Caribbean, is similarly rich in biodiversity, with purposes only. The information provided is not over 5,500 plant species, of which 1,800 are endemic. legal advice. UEBT aims to ensure its accuracy, but provides no guarantees in this regard. Official information on laws and regulations on ABS is SICA countries are collaborating on access to genetic resources and available through national focal points or the ABS associated traditional knowledge and fair and equitable sharing of Clearing House (https://absch.cbd.int/countries). benefits derived their utilization (ABS). This note provides an overview of ABS laws and regulations in the region, their specific requirements, practices and experiences to date. © Union for Ethical BioTrade (UEBT) 1 9 July 2018 Where do SICA countries stand on ABS? Topics such as rights over genetic resources and frameworks. Belize and Honduras still have no laws or associated traditional knowledge and fair and regulations on ABS. Depending on the country, ABS equitable benefit sharing are important yet complex requirements interact in different ways with rules on in the Central American context. All SICA countries are related topics such as prior informed consent and committed to the Convention on Biological Diversity traditional knowledge. (CBD) and mention ABS in public strategies and policies. However, only half have ratified the Nagoya Protocol Finally, countries in Central America also differ in on ABS (see table 1). amount of experience applying ABS requirements to specific cases – from Costa Rica, for example, which ABS laws and regulations also vary. Specific ABS has issued over 500 permits, to countries that are just requirements exist in some countries; others define now considering pilot ABS cases. ABS terms and conditions under general environmental TABLE 1 Nagoya Protocol ABS requirements Relevant laws and regulations Belize No No Biodiversity Law No. 7788 (1998) No Yes Exec. Decree 31,514-MINAE (2003) on access to genetic resources Costa Rica Exec. Decree 33,697-MINAE (2007) on ex-situ access Exec. Decree 39,341-MINAE (2016) on sanctions for unauthorized access Biodiversity Law No. 333 (2015) Dominican Yes Yes Republic Regulation on access to genetic resources and traditional knowledge (2018) Decree 844 (1994) establishing law for wildlife conservation Decree 233 (1998) establishing general environment law No Yes El Salvador Decree 17 (2000) regulating general environment law Decree 579 (2005) establishing law for protected areas Guatemala Yes Yes Resolution No. ALC 027 (2001) on rules for research authorizations Honduras Yes No Nicaragua No Yes Law 807 (2012) on conservation and sustainable use of biodiversity General Environment Law No. 41 (1998) Panama Yes Yes Exec. Decree No. 25 (2009) on access and benefit sharing Law 8 (2015) modifying provisions of the general environment law © Union for Ethical BioTrade (UEBT) 2 9 July 2018 What is the scope of ABS requirements? In Central America, ABS requirements generally cover a broad scope of activities and resources, particularly in the case of laws and regulations adopted before the Nagoya Protocol. Nevertheless, the scope of ABS requirements differs from country to country – sometimes significantly (see Table 2). For example, some countries specifically include cultivated and domesticated species in ABS requirements, while others – particularly insofar permits to access genetic or biological resources are linked to collection or research procedures – do not extend access requirements to this type of species. However, some countries, such as Costa Rica, specifically include “commercial use” of biodiversity, Another difference is whether access requirements even if not preceded by research and development, cover biodiversity-based trade or commercialization in their ABS requirements. Others, such as Panama activities. Countries in Central America generally and Guatemala, further define the scope of ABS regulate “access to genetic resources,” rather than requirements in other tools or definitions, which the “utilization of genetic resources.” “Access to genetic are foreseen only for research or biosprospecting resources” is defined to cover a range of activities, from activities. In some rules, there are also exceptions for scientific research and bioprospecting to industrial biological resources normally traded as commodities application and commercial exploitation. – for example, in the context of agriculture, forestry or fisheries. Activities triggering access requirements Resources covered by access requirements Research Biosprospecting Sourcing Native species Exotic species Wild species Cultivated Genetic Biochemical TABLE 2 (No R&D) species material compounds Costa Rica Yes Yes Yes Yes Yes Yes Yes Yes Yes Dominican Yes Yes Yes Yes Yes Yes Yes Yes Republic El Salvador Yes Yes Yes Yes Yes Yes Yes Yes Guatemala Yes Yes Yes Yes Yes Yes Nicaragua Yes Yes Yes Yes Yes Yes Yes Yes Panama Yes Yes Yes Yes Yes Yes Yes © Union for Ethical BioTrade (UEBT) 3 9 July 2018 How do ABS rules address traditional knowledge? ABS rules in SICA countries, except for El Salvador, include requirements and procedures for access and utilization of traditional knowledge associated with genetic resources. These procedures may differ than those for access to genetic resources. Moreover, ABS rules generally call for procedures involving traditional knowledge to actively involve indigenous peoples and consider their customary laws and practices. This is the case in countries such as Nicaragua, Dominican Republic, Costa Rica and Guatemala. ABS rules in Costa Rica, Panama and Nicaragua also foresee community or other types of sui generis rights to protect traditional knowledge, including rights based on registration systems. These systems, however, remain largely unimplemented. Another challenge is that several countries in Central America address issues such as traditional knowledge and free prior inform consent in other legal frameworks, which often overlap and create ambiguity with ABS provisions. What are requirements to access genetic resources? TABLE 3 Application PIC MAT Costa Rica - Application to competent national authorities (CNA) - Terms of access and benefit sharing are negotiated with - CNA is National Commission for Management of -Biodiversity or CONAGEBIO provider (person or entity with property or management rights - Three forms to be filled: registration form (info on applicant), application form over collection area) (info on type of permit sought) and technical guide form (info on project) - Model contract available - Foreign applicants must designate legal representative residing in Costa Rica - PIC and MAT reviewed and approved by CNA - Online application possible - Once permit granted, it is notified through online publication - Application to competent national authorities (CNA) - CNA is Ministry of Environment, through Biodiversity Directorate - PIC and MAT established in access contract, signed with CNA Dominican - Three forms to be filled: registration of applicant, registration of application - List of required clauses for MAT in regulation Republic for access and registration of project. - In case of traditional knowledge, CNA must involved IPLCs in - Applicants may also propose terms for PIC and MAT PIC process - Access granted through access contract, signed with CNA - Application to Ministry of Environment and Natural Resources - Applicant must fill out form for research permit, which includes info on Negotiated with Ministry of El Salvador project to be conducted Not applicable Environment and Natural - In case of export, a separate application form must be filled out Resources - A letter of commitment, laying out terms and conditions for access, must be signed - Application to competent national authorities (CNA) - CNA is National Council for Protected Areas or CONAP Guatemala - Form for application for research must be filled. It is available online Process and requirements to be defined by CNA - A letter of commitment, laying out terms and conditions for access, must be signed - Foreign applicants must have letter of support from national institution - PIC required for access involving - Ministry of Environment has not yet established permitting system rights of IPLCs Nicaragua - Law requires filling out application form and, for foreign applicants, designa- - In other cases (e.g. provider is Negotiated